How Change Corporate Registered Agent Texas Secretary Of State

Choosing a Registered Agent for your Texas LLC

Before filing your Certificate of Germination (Form 205) with the Secretary of Land, yous need to choose a Registered Agent for your Texas LLC.

(Nosotros'll discuss filing your Certificate of Formation in the next lesson.)

A Texas Registered Agent is a person or company who agrees to accept legal mail on behalf of your Texas LLC in instance your business gets sued. This "legal post" is known equally Service of Process for your LLC.

The Texas Secretary of State will also use your Registered Agent's accost as your LLC's betoken of contact for official notices sent to your business.

As per Section 5.201 of the Business Organizations Code, your LLC'southward Registered Agent must have a concrete street address located in Texas.

A Texas Registered Agent address (chosen the Registered Office) tin't be:

a PO Box address
a mailbox rental service or phone answering service

Your Texas Registered Amanuensis should also be available (generally speaking) during normal business organisation hours (9am – 5pm) in case Service of Procedure arrives.

Service of Process includes the commitment of legal documents such equally:

writ
complaint
summons
subpoena

Special offer: If y'all hire Northwest to form your LLC ($39 + state fee), they'll include their Registered Amanuensis service costless for the 1st twelvemonth.

Why does my Texas LLC demand a Registered Amanuensis?

Your Texas LLC's Registered Amanuensis is a key component to how the court and legal systems work. By requiring all Texas LLCs to keep a Registered Agent on file with the state, the delivery of legal mail and court documents can be properly tracked.

This is similar to how 'certified mail return receipt' works, but in the legal world, this is how procedure servers (people delivering legal documents) create a record that something was delivered.

Can I be my own Registered Amanuensis in Texas?

Yeah, you can be your Texas LLC's Registered Agent, as long as y'all have a street address located in the state.

You actually have 3 options when forming an LLC in Texas:

You lot can be your LLC's Registered Amanuensis in Texas (Are at that place risks?)
A friend or family member tin be your LLC'south Registered Agent
You lot can hire a Texas Registered Amanuensis Service, also known equally a Texas Commercial Registered Agent

Registered Agent Data is Public Record in Texas

While y'all practice take the selection to be your Texas LLC's Registered Agent (or use a friend or family fellow member), you lot may not desire to accept your address listed in public records.

The information y'all enter in your Certificate of Formation becomes public tape with the Texas Secretary of State.

Not only is this information searchable by the public, but other websites download the state'due south records and republish them on their website. Then things brainstorm to multiply as other "public tape websites" take that same data and listing it on their website once more (and the procedure repeats itself).

Pretty soon your address is listed on various websites and people tin can hands detect it past doing a Google search.

There is a solution, though, if you'd similar to go on your address off public records. Nosotros'll discuss this below.

What'southward the all-time Registered Agent selection to choose?

Option #1 (You):

If you have a street accost located in Texas, are available during business hours, and don't heed your accost being on public record, then yous tin be your LLC's Registered Agent.

Option #2 (Friend or Family):

If y'all don't have a street address located in Texas, only you have a friend or family member who does, they can be your LLC'south Registered Amanuensis. They'll need to be available during business organization hours and they shouldn't mind having their address existence listed on public record.

Option #iii (Registered Agent Service):

If you don't have a street accost in Texas (or you'd rather not use information technology for this purpose), you lot can hire a Registered Amanuensis Service in Texas.

Texas Registered Agent Service

Annotation: The terms "Registered Amanuensis Service" and "Commercial Registered Agent" mean the aforementioned thing. We volition use them interchangeably.

A Texas Registered Amanuensis Service specializes in receiving Service of Process (legal postal service) on behalf of your LLC.

Most Registered Agent Services in Texas cost between $100 and $300 per year.

The Texas Registered Amanuensis Company nosotros recommend is Northwest Registered Amanuensis ($125 per year).

Why we recommend Northwest Registered Agent

Northwest Registered Amanuensis is our personal recommendation (and the service we use ourselves) because they've been in business for over xx years, have great customer service, and they allow you use their address in your entire LLC filing in social club to continue your address off public records.

Keeping your address off public records with Northwest

Many filers in Texas commencement businesses from their dwelling house. For this reason, it's of import to know that all addresses that are listed in your LLC's Document of Formation (Registered Agent accost, Governing Person'south accost, and Organizer's address) get listed on public records.

If you were thinking of using your home address, just would rather keep information technology off public records, yous tin can hire a Registered Agent that will permit you to use their address throughout your Certificate of Formation. Northwest Registered Agent offers this unique service at no additional cost. They offer Registered Agent services for $125 per year and they'll let you lot utilise their address throughout your Certificate of Formation.

Any mail that is sent to your LLC will be scanned by them and uploaded into your online account.

Special discounted pricing for LLC University® readers

Northwest unremarkably charges $100 + state fees to class an LLC. However, nosotros've negotiated a discounted rate (lx% off) for LLC University® readers.

Risks of being your own Registered Amanuensis in Texas

As mentioned above, y'all tin be your own Registered Amanuensis in Texas.

Too the accost privacy we mentioned, in that location are other risks to being your own Registered Agent.

These risks are not extremely likely to occur, but if they practise, yous could lose your liability protection and the Texas Secretarial assistant of Country has the power to administratively close down your Texas LLC if yous're not in compliance with country laws.

This tin can happen if you don't "continuously maintain" (continue) a Registered Amanuensis on file, or if the Secretary of Country tin't achieve your LLC's Registered Agent.

Additionally, if a process server (the person who delivers courtroom documents and notices of lawsuits) can't reach your Texas Registered Agent (or is unsuccessful in serving your LLC through the Secretarial assistant of State), a court instance tin can continue in your absence and you lot might not even know about it. Or worse, the court could enter a default judgment against your LLC if you aren't there to defend yourself.

A few reasons a process server might not exist able to reach your Texas LLC's Registered Agent:

you, your friend, or family member are not there during business hours
you/they are on holiday or out of town
you/they moved and you forgot to file a Change of Registered Agent with the Texas Secretary of State

Consent to Serve as Registered Amanuensis (Form 401-A)

As per Section v.2011 of the Business organisation Organizations Lawmaking, the Registered Amanuensis for your Texas LLC must concord to serve as the LLC Registered Agent past giving their consent in writing.

This tin can be washed on Form 401-A.

While you can include Form 401-A with your LLC Certificate of Formation (the form that creates your LLC), this is not required.

Under the land's rules, as long as y'all have a copy of Course 401-A on file with your LLC records, your LLC is in compliance.

Having said that, many filers do choose to submit their Consent to Serve as Registered Agent to the Secretary of State so it'due south on file for "extra proof." The Texas Secretarial assistant of State will file and index the form with your LLC'due south filing history.

If you await on folio 3 of the form, in that location are two sections where someone can sign.

If you or someone you lot know will exist your LLC'southward Registered Amanuensis, you lot/they will enter your name and sign on the peak half of the course.

If yous decided to hire a Commercial Registered Amanuensis, they will provide yous this form (signed), and they will have completed the bottom one-half.

It's also important to note that as per Sections 4.007 and four.008, appointing a Registered Amanuensis without their consent is a Class A misdemeanor. Class A misdemeanors tin be punishable with up to a $4,000 fine, upwardly to i yr in jail, or both. Indicate being, don't engage someone you know equally your Registered Agent unless they know what they're doing and they agree to exist your Registered Agent. The duties of a Texas Registered Agent are spelled out in Section v.206.

Your LLC tin can't be its ain Registered Agent

There are a few states (very few) which let an LLC to be its own Registered Agent.

Texas doesn't permit an LLC to exist its own Registered Agent.

While an LLC can engage another company (which can be an LLC, Corporation, or whatever entity), the LLC can't serve as its own agent.

Your LLC e'er needs to have a Registered Amanuensis

If you or someone y'all know will be your LLC'south Registered Agent, and they move, you'll need to file Form 401 to update/change your records with the Secretarial assistant of State. Alternatively, you can update this information via SOSDirect.

Please come across " Can I change my Registered Agent " below.

If the Texas Secretarial assistant of State receives notice that your LLC no longer has a Registered Agent, they may terminate your LLC.

If I'm the Registered Agent, am I liable for the LLC?

No. As per Section 5.208, but because a person is the Registered Amanuensis for an LLC, that in and of itself doesn't mean they will be held responsible for the LLC's debts, liabilities, or obligations.

Tin I change my Registered Amanuensis later?

Yes, you can change your Registered Agent at any time (and every bit many times as you lot need).

Y'all tin can change your LLC'south Registered Agent at whatsoever time by:

Filing Grade 401 with the Secretary of State
Updating your Registered Amanuensis via SOSDirect

The fee to change/update a Registered Agent in Texas is $xv.

Side by side Step: Texas Certificate of Formation

One time you decide who will serve as your Texas LLC'south Registered Agent, you can then continue to the next lesson: Texas LLC Certificate of Formation.

If you program on hiring a Texas Registered Amanuensis Service (a Commercial Registered Agent), please do so before going to the next footstep. You'll need their address for your Certificate of Formation.

Founder & Educator, LLC Academy®

Matt Horwitz has been the leading expert on LLC education for the past decade. He founded LLC University in 2010 after realizing people needed elementary and actionable instructions to commencement an LLC that other companies weren't offering. He's cited by Entrepreneur Magazine, Yahoo Finance, and the U.s.a. Bedchamber of Commerce, and was featured by CNBC and InventRight.

Matt holds a Bachelor'southward Degree in business concern from Drexel University with a concentration in business law. He performs extensive enquiry and assay to convert state laws into elementary instructions anyone can follow to grade their LLC - all for free! Read more about Matt Horwitz and LLC University.